Dick Heller vs DC
Courtesy Jeff Hulbert

Dick Heller, of Heller v. DC fame has filed suit today in US District court in the District of Columbia challenging the city’s ban on “ghost guns” and individuals making their own firearms.

Here’s a key excerpt . . .

9. The District has clearly not learned from its numerous defeats of in the courts, and this case arises from that predicament. The District’s antipathy toward firearms, a Constitutional protected item, extends so far as to flatly prohibit the manufacture of a firearm in the District; not a particularly dangerous and unusual firearm, see, e.g., Heller, 554 U.S. at 571 (discussing that laws forbidding the carrying of dangerous and unusual weapons were presumptively valid), but any firearm. See D.C. Code § 7-2504.01(a).

10. Imagine were the District to ban the act of publishing one’s own words. Would this court not see such a law as utterly invalid under any standard of review? Can there be any justification for an outright prohibition on the manufacture of a firearm, a Constitutionally protected item? Indeed, how can there be a right to keep and bear arms, if there’s no right to make an arm in the first place? This case presents that issue for this court’s consideration.

11. The District, knowing full well where the battle lines lay, recently supplemented its ban on making a gun, by prohibiting even the import and possession of parts necessary for the Case 1:21-cv-02376 Document 1 Filed 09/08/21 Page 5 of 41 6 manufacture of a firearm by outlawing what it pejoratively calls “Ghost Guns.” Never missing an opportunity for erroneously defining firearms terminology, the District legislation in question is so poorly thought out and written that the City Council has managed to criminalize the possession of a vast array of popular, common handguns that it regularly allows residents to register, including the very handgun it issues to its police officers. Accordingly, this so-called “Ghost Gun” prohibition is hopelessly flawed and must be found invalid under the Second and Fifth Amendments.

Read the full court filing here.

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24 COMMENTS

  3. The original Heller decision took over five years to be heard…. wonder how long this one can be dragged out and what the Court will look like at that time.

  4. His argument definitely makes sense.
    Was familiar with the name, but just did a few minutes worth of looking into this guy. Hell of a resume. Would be nice to see him as the head of the NRA.

    • Aint gonna happen. First, Wayne’s handpicked club of 76 toadys would have to fire him…
      Second, Wayne’s handpicked club of 76 toadys would have to hire Dick.

  6. Government shenanigans such as this example will continue and expand until government actors who undertake such shenanigans pay a personal penalty.

    Of course that will never happen at the hands of government (which includes the courts)–why would government attack itself?

    By the way I was being exceedingly charitable using the word “shenanigans” to describe this sort of government conduct of knowingly and willfully infringing on the inalienable rights of good people who have no malicious intentions. Note that we call such actions “felonies” (e.g. serious crimes) when non-government actors do that. Why it isn’t a crime when government actors do it escapes me.

    • You beat me to the comments that you made. The ingrates that constantly propose and or pass laws that are blatantly unconstitutional should spend about 15 yrs. in prison then be deported.

    • Exactly! It’s pretty simple and clear law, if your ‘math’ isn’t done by a thoroughly corrupted Justice Department.
      It has long been held in by SCOTUS in several previous cases from Miller to Miranda that it is Unconstitutional to Infringe upon the 2nd Amendment guaranteeing private citizens the unequivocal indisputable right to have firearms, without even any qualifiers or caveats like registration or serial numbers for government use. There is even case law declaring that any Unconstitutional laws made coincidentally to violate the 2nd/A by depriving people of their right to exercise having ownership of firearms to freely bear, should Not be obeyed. And is a serious Federal Crime under 18-241-242 for the violators who deprive you of your right to bear arms.

      Why is it magically not a felony when government agents violate and deprive you of you rights? Why is every body else who deprives you of your rights charged with a felony for even cospiring to do it. Are agencies and their agents Above the Law?

      Of course not. When they wanted to they were going to charge the cops on the Floyd case with 18-241-242. No lengthy court case there. Even after the cop was found guilty of murder! The Texas runaway legislators were going to try it to, against Abbot and others who tried to get them back. Deprivation of rights charges are fine for themselves against others…but

      not for their own violations of the 2nd and 4th A?

      We the People have to begin a long drawn out court challenge that allows them to continue the crime with the hopes that we won’t figure out the brainwashing scam they’re running on everybody until the full totalitarian agenda is fullfilled. Then they’ll just confiscate everyone’s firearms at will. Because there won’t be any Constitution left by then.

      We need to somehow quickly turn this sleight of hand mind fuck trickery around that makes everybody so delusional as to believe a court challenge is our only remedy. When, in fact, since all gun control is illegal, by long established case law, and any violation is a serious deprivation of our rights statutory is an enforceable felony,

      Any agenecny mandate carried out by their enforcement officers should amount to an immediate indictment, arrest, and prosecution!

      Yeah it’s hard when the perpetrators are also policing themselves, but how about these 2nd/A Sanctuary states, instead of making a law to prohibit their enforcement officers from aiding illegal federal arrests, make an additional State Law similar to USCC 18-241-242 and simply arrest-With State Police Enforcement– any agent or officer attempting to raid and arrest and seize various firearms from businesses or individuals not engaged in any imminent violence or criminal activity like Polymer 80 and Rare Breed Triggers, and their customers, for violating the Consitution and deprivation of rights in progress and lock them up with no bond pending arraignment?!
      Heller’s a good man, but we NEED to stop this insane shit right now! Not wait years while they do more damage and harm more people.

      Come On Texas! How about it? Unless they want a real ‘hot civil war’ then, you’ll see how fast gun control chills out when they get a taste of their own medicine, cuffed, shackled, perp-walked and all…

    • And that will never happen. Not even the constitution prescribes any punishments for violation of its prohibitions by government actors. (Real penalties — removal from office isn’t sufficient.)

      We are no more likely to see such penalties written into laws by the government actors who write them, than we are to see those same government actors made personally subject to the other legal tyrannies, like Obamacare and COVID mandates.

  8. Two notable 2A titans in that photo. Dick of course needs no introduction, but that is the late Jeff Hulbert to his right. He was a TTAG contributor, and is the reason why tasers are legal in Maryland. Jeff was also arrested on a public sidewalk while advocating for 2A rights in front of the MD governor’s mansion as a member of the Patriot Picket. https://m.facebook.com/story.php?story_fbid=1715517671992307&id=585466884997397

    That lawsuit is still pending. https://www.marylandshallissue.org/jmain/counselor-s-corner/hulbert-v-pope

    Jeff also spoke his mind at the “assault weapons” ban hearing. The video of him doing that has the largest number of views on CSPAN.

    https://patriotpicket.org/f/patriot-picket-ejected-from-federal-“assault-weapon”-ban-hearing

    https://ttagstaging.wpenginepowered.com/patriot-picket-founder-jeff-hulbert-ejected-from-house-judiciary-hearing-assault-weapons-ban-hearing/

    Jeff, you are missed.

  9. To repeat what Joey said, “This is not about freedom or personal choice,” Biden said during a Thursday address to the nation. “It’s about protecting yourself and those around you, the people you work with, the people you care about, the people you love.” If that comment is good for a vaccine, it most assuredly is good for the 2A.

  10. These snowflake, liberals who have turned into a combination of a fascist, a socialist and a communist rolled into one super idiot, are failing to see that we are ruled by the Constitution and The Bill Of Rights and a tradition of the desire to remain free and to live peacefully with others. We like individualism, but also a harmonious society.

    They spew their “woke” bull$hit and try to reason that America is flawed and push this contrived and false narrative about how evil the founding fathers were. They tear down and discredit all those who contributed to creating a free and prosperous country while celebrating terrorists, dictators and other small, pathetic, violent and selfish scumbags.

    America needs us to fight back and we need each other. We can’t count on all Republicans and although we do have some great people leading the charge against the Left, it is not enough. The fact is that with all their civility, the Colonials and people who settled in the “Old West” had firearms, carried firearms and were less violent than a 12 year old street thug or one of those BLM rioters.

    In the 1950’s anyone could own a Thompson machine gun…. and yet we did not see record numbers of killings. Murderers used them and all manner of pistols, shotguns, etc., so the lack of a Thompson did not stop them. Some even preferred knives to guns. Criminals will always break laws and steal or kill…. that’s not the fault of the innocent.

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